‘Novel’ case draws reprimand – Proctor

All entries on Feminist Legal Clinic’s News Digest Blog are extracts from news articles and other publications, with the source available at the link at the bottom. The content is not originally generated by Feminist Legal Clinic and does not necessarily reflect our views.

A principal has been fined, publicly reprimanded and barred from obtaining a practising certificate for 12 months for professional misconduct in a disciplinary first in Queensland.

The principal and legal practitioner director was charged with failing to exercise ‘appropriate forensic judgment called for’ by filing an affidavit on behalf of a client that included explicit and sensitive material.

The practitioner was acting for the respondent to an application for a protection order under the Domestic and Family Violence Protection Act 2012 (Qld). In preparing an affidavit on behalf of his client he attached photographs depicting the applicant naked.

In its decision the Tribunal accepted that the placing of the material before the court was a legitimate forensic purpose under Rule 17.1 of the Australian Solicitors Conduct Rules, however, the method adopted for the provision of the evidence was at issue.

“All that was required was to inform the court that there would be a necessity to tender sensitive material and to seek directions how best to do so,” the Tribunal said in its decision.

“The filing of the affidavit, even in the relatively closed environment of the court involved in such applications, necessarily required publication to the applicant seeking a protection order, and others required by their duties to deal with the affidavit. Given the principal objects of the DFVP Act include the safety, protection and well-being of those who fear or experience domestic violence and to minimise disruption to their lives the very act of filing the explicit images within the affidavit potentially involved an act of domestic violence itself. Hence the need for forensic judgment in this difficult area.”1

Source: ‘Novel’ case draws reprimand – Proctor

I was warned my children would be ripped in half when we divorced. But I had no idea just how brutal custody cases can be | Parents and parenting | The Guardian

All entries on Feminist Legal Clinic’s News Digest Blog are extracts from news articles and other publications, with the source available at the link at the bottom. The content is not originally generated by Feminist Legal Clinic and does not necessarily reflect our views.

My experience of court was eye-opening. And when I sat in on other cases, I realised how often mothers are vilified.

I lost my case. My son was to live mainly with his father, and my daughter mainly with me, though they’d be together for weekends and holidays, alternating between us. I wasn’t astonished at the court’s decision, though I was surprised the court was prepared to separate the siblings. But I was shocked at the arguments that had been successfully used to vilify me. It turned out that I lived in a culture where women who were seen as too independently minded could have their children taken away.

As my daughter and I adjusted to being on our own in the grim January lockdown that ensued, I continued to read about women fighting for custody – about Sand, Norton, Elizabeth Packard, Frieda Lawrence, Edna O’Brien, Alice Walker and Britney Spears, and about thousands of ordinary women across the centuries, whose divorce and custody files I’ve been able to read.

I also went into court as a journalist, and over the past year or so I’ve become used to sitting again in the cluttered, carpeted courtrooms where my own fate had once been decided.

In court, month after month, I have come to think that children have as little agency as they did in the 19th century, when in England they were legally the possessions of their fathers with no rights of their own. Most pernicious now is the idea of “parental alienation”, introduced by the American child psychiatrist Richard A Gardner in 1985 to characterise a “disorder” wrought by the (possibly unconscious) “indoctrinations” of men-hating mothers. Gardner’s own writing is no longer given much credence, but his ideas slip in through expert reports by unregulated psychologists. Here, children are enmeshed, or unconsciously aligned with their mothers. Their wishes and feelings can’t be trusted because they’re likely simply to reflect the wishes and feelings of their all-powerful mothers.

It’s not that the mothers in the cases I’ve seen have been perfect – far from it. The courts aim to be gender neutral, and some kind of shared care is the desirable norm, although they publish no data on how often this is achieved. Yet in case after case, I’ve seen an imperfect mother lose custody to an imperfect father because their children were in some way rejecting the father. Imperfect women are made more imperfect by a court system that can seem designed to exacerbate their faults and to heighten conflict. The predictable result is that children are handed over to fathers who end up over-empowered by the court process – their faults minimised. Watching these mothers suffering in courtrooms, I’ve found that I end up respecting them all the more for the desperate sincerity with which they try to present their cases to the court, often digging themselves in further as they do so. And I’ve felt painfully sorry for the children who lose their mothers because they love them too much, which can only be the mothers’ fault.

Source: I was warned my children would be ripped in half when we divorced. But I had no idea just how brutal custody cases can be | Parents and parenting | The Guardian

Discrimination against Women in Family Court Lawsuit: Update & Campaign | Women’s Coalition | US

All entries on Feminist Legal Clinic’s News Digest Blog are extracts from news articles and other publications, with the source available at the link at the bottom. The content is not originally generated by Feminist Legal Clinic and does not necessarily reflect our views.

The Women’s Coalition has had a Discrimination against Women in Family Court lawsuit in the works for a while.

The complaint includes a list of types of discriminatory conduct routinely committed by judges. Each plaintiff will identify the ones that apply in her case (easy to check off in the form to join the lawsuit).

a. Denying women a hearing or allowing them only a perfunctory hearing in matters where women’s fundamental rights, liberty interests and other protected rights were at stake.

b. Giving temporary custody to men pending trial when a nondiscriminatory application of the law would have resulted in temporary custody being granted to women.

c. Appointing custody/parenting evaluators who demonstrated bias against women and favored men.

d. Appointing minor’s counsels or guardians ad litem [GAL’s] to represent children who demonstrated bias against women and favored men.

e. Accepting reports from custody evaluators and minor’s counsels/guardians ad litem that discriminated against women and favored men, and allowing them to influence judicial decisions.

f. Ordering women to submit to mental health evaluations while not ordering men to submit to mental health evaluations, based on the same quality and quantity of evidence.

g. Adjudicating matters in a sex discriminatory manner by favoring men even when evidence overwhelmingly demonstrated that men should not have been favored.

h. Discrediting women despite much evidence supporting they were telling the truth and/or little evidence they were lying; while crediting men despite little evidence supporting they were telling the truth and/or much evidence they were lying.

i. Minimizing and denying credible evidence and reports by women of a man’s abuse or poor parenting; while crediting non-credible evidence and reports by men of a woman’s abuse or poor parenting.

j. Making findings women were alienating children from men when alienation was not occurring; and/or not finding men were alienating children from women when alienation was occurring.

k. Disregarding the legal requirement that courts prioritize the best interests of children in a manner that favored men over women in custody and visitation rulings.

l. Ordering reunification of children with men were credibly accused of abuse; and not ordering reunification of children with women who were not credibly accused of abuse.

m. Ordering supervised visitation for women without credible evidence they were a danger to the children; and not ordering supervised visitation for men when there was credible evidence they are a danger to the children.

n. Threatening women, but not men, with loss of custody if they objected to the court’s position or orders.

o. Threatening women, but not men, with loss of custody if they continued to litigate for custody of, or visitation with, their children.

p. Issuing orders sealing records that favor women, while not issuing orders sealing records that favor men, based on a similar quality and quantity of evidence.

q. Issuing gag orders against women who spoke out or wanted to speak out, while not issuing similar gag orders against men.

r. Holding women in contempt and/or jailing them for exercising their First Amendment right to free speech; while not holding men in contempt or jailing them for similar behavior.

s. Holding women in contempt and/or jailing them for withholding visitation when they had a good reason, such as to protect children; while not holding men in contempt or jailing them for withholding visitation when they did not have a good reason for doing so.

The primary purpose of this lawsuit is to officially establish that there is, in fact, systemic discrimination against women in family courts.

Source: Discrimination against Women in Family Court Lawsuit: Update & Campaign

Top 10 Most Compelling Stories of 2025 & More | Women’s Coalition

All entries on Feminist Legal Clinic’s News Digest Blog are extracts from news articles and other publications, with the source available at the link at the bottom. The content is not originally generated by Feminist Legal Clinic and does not necessarily reflect our views.

1. NY Mom Commits Suicide after 5 Years of “Judicial Alienation” from Son

Julia [pictured top left] ended her life after after a judge granted her ex sole custody and allowed him to alienate her son from her.

2. Mama & Kids Murdered Less than 24 Hours after Custody Trial

Charity [pictured bottom right] was murdered, along with her two young children, after her pleas for protection were denied and the father given custody. [This story got over a half million views on Facebook]

3. Mom Who Exposed Family Court Cover-Up of Sexual Abuse Dies “Mysterious” Death

Lizzie [pictured top right] was found dead years after a judge gave custody of her three children to her ex-husband and gave no contact to her. She became a well-known activist who frequently spoke out about her case and others.

4. Mom Driven to Suicide Just 1.5 Years after “Losing Everything”

Only a year and a half after a judge took her children, Tracy [pictured center] took her life. This story got the most ever views on Facebook: 630K with 10K interactions.

5. Family Court Killed Virginia Giuffre

Most people believe Virginia Giuffre [pictured middle right] committed suicide because she was an Epstein victim, but it was most likely because a judge gave sole custody of her children to the father and enabled him to keep them away from her completely.

6. Mom Who Filed $8M Lawsuit Against “Judicial Conspirator” Dies

Aneta [pictured bottom center] survived the taking and alienating of her children but died suddenly of an aggressive form of cancer, without ever being allowed to see her children. She had filed an $8M lawsuit against her judge and GAL.

7. Discrimination against Women in Family Court Lawsuit: Update

Our discrimination lawsuit was updated in 2025 and a New York attorney came on board. We will be filing the first lawsuit in New York early in the New Year.

8. FSU Mass Shooter Was Taken & Alienated from Mom at 10-Years-Old

Ann-Marie [pictured middle left] was jailed for over six months after fleeing to protect her son from his abusive father. The trauma of being taken from his mother caused the teen to become mentally ill and conduct a mass shooting.

9. Judicial Conspiracy in Abduction of Child from School by Father

Kreslyn [pictured bottom left] is a prominent local doctor who lost custody and was alienated from her young daughter in what was obviously a judicial conspiracy.

10. Judge Who Sexually Abused Kids Can’t Be Named or Gendered

This is the story of the cover-up of physical and sexual abuse of five boys adopted by a gay Family Court judge and his partner.

Source: Top 10 Most Compelling Stories of 2025 & More

Teen reunited with his mum after six-year court order | Metro

All entries on Feminist Legal Clinic’s News Digest Blog are extracts from news articles and other publications, with the source available at the link at the bottom. The content is not originally generated by Feminist Legal Clinic and does not necessarily reflect our views.

A boy who was taken away from his mother at the age of nine due to a ‘draconian’ court order will be reunited with her in time for Christmas after nearly six years apart.

The teenager, now 15 years old, was removed from his mother’s care along with his sister after an unregulated psychologist, Melanie Gill, advised a family court that their mother had ‘turned the children against their father’, according to The Bureau of Investigative Journalism.

The siblings were sent to live with their father in 2019 before the judge banned any further contact with their mother – which she described as ‘unthinkably draconian’.

But the boy will be able to see his mother, Erin (not her real name), this Christmas after he ran away from his father and hired a lawyer to launch a legal bid at the High Court due to new guidance around allegations of parental alienation, which states experts should not be used to look for parental alienation.

High Court ruling earlier this year raised concerns about unregulated psychological evidence in family proceedings.

Gill had given expert advice in more than 150 family court cases which often involved allegations of parental alienation.

The High Court found her evidence was ‘unreliable’ and that it ‘should not have been relied upon’ in a parental alienation case where Gill described the mother as a ‘narcissist’ who alienated her children from their father.

Her advice has led to at least 12 children being taken away from their mothers.

The Victims’ Commissioner for England and Wales has since called for a review of all the cases of Gill’s where children were removed from a parent’s care.

Source: Teen reunited with his mum after six-year court order

Parental child abduction: why extending criminalisation is not the answer | The Conversation | UK

All entries on Feminist Legal Clinic’s News Digest Blog are extracts from news articles and other publications, with the source available at the link at the bottom. The content is not originally generated by Feminist Legal Clinic and does not necessarily reflect our views.

The government is proposing a change in the law on parental child abduction. The crime and policing bill, under consideration in parliament, would make it a crime for a parent to take their child on holiday and then not return them at the end of the agreed holiday period. This would be punishable by up to seven years’ imprisonment.

The government is attempting to remedy what could be seen as a gap in the law. But this approach fails to take into account what we know about the situations in which this kind of parental child abduction occurs. In many cases, it involves a mother fleeing domestic abuse with her children.

Parental child abduction happens when a child is taken to another country without the other parent’s knowledge or consent, or when one parent takes the children abroad for a holiday and keeps them overseas beyond the agreed holiday period. Currently, the recourse for parents left behind is contained in the 1980 Hague Convention on the Civil Aspects of Child Abduction.

The crime and policing bill currently before Parliament will leave the 1980 Convention untouched but bolster criminal sanctions against parents who take children by amending the Child Abduction Act 1984, which applies to England and Wales.

There was little hard statistical data available on parental child abduction when the Hague Convention was created. However, the abduction of children was primarily seen as something done by fathers who were not the primary carer of their children.

The picture is now very different. Research conducted in 2015 found that 73% of taking parents were mothers, an increase from earlier years, and of these 91% are primary carers. My research and that of other scholars has found that domestic abuse features heavily in these cases. Essentially, these mothers are taking their children and attempting to escape an abusive situation. Research suggests that domestic abuse may be present in approximately 70% of child abduction cases.

If this amendment proceeds, then mothers who have fled overseas with their children to escape an abusive relationship may refuse to return for fear of prosecution. But through the mechanism set up under the Hague Convention, the children can still be ordered to go back. This proposed change in law takes no account of the impact on children of criminalising the parent who will most often be their primary carer. The potential criminalisation of primary carers will inevitably compound the trauma for children at the centre of these cases.

Source: Parental child abduction: why extending criminalisation is not the answer

Mama & Kids Murdered Less than 24 Hours after Custody Trial | Women’s Coalition

All entries on Feminist Legal Clinic’s News Digest Blog are extracts from news articles and other publications, with the source available at the link at the bottom. The content is not originally generated by Feminist Legal Clinic and does not necessarily reflect our views.

On Tuesday, an Arkansas mother bravely represented herself against her ex and his attorney at the final divorce/custody trial, as her own attorney had recently abandoned her.

But the next morning at 9:30 am, she and her 6 year-old twins were found dead in their home. It is unclear whether the murder took place the evening of the hearing or the next day, but it was less than 24 hours after the trial concluded.

The mother was shot twice, once in the chest and once in the head. The children were shot once each. It is being investigated as a homicide.

The police have not named her ex an official suspect yet, but virtually everyone is convinced he murdered them given his long history of domestic violence, which included strangulation, a known precursor to murder. Family members have accused him of abusing them, as well.

To add to the suspicion, his previous wife also died of a gunshot wound. The manner of death was deemed a suicide, but her family is convinced he murdered her and now want the case reopened.

Charity was working as a nurse when she met a doctor named Randy. He was a specialist in rehabilitative medicine.

They married in 2016. Charity gave birth to twins in 2019.

Charity told friends about a long history of domestic violence and that she was afraid of him. His abuse peaked in February of this year with an especially horrific incident including strangulation. This violence occurred in front of the twins.

Randy ended up pleading guilty to simple battery. He practically killed her and did not spend a day behind bars. Typical.

Despite Randy’s horrific, long history of violence, and Charity’s credible fear he may murder her and/or the children, Judge Shannon Blatt gave him unsupervised visits with the 6 year-old twins.

Charity says she was treated like the problem while Randy was “shielded by the very system that’s supposed to protect us”.

Source: Mama & Kids Murdered Less than 24 Hours after Custody Trial

Family law system not safe for Indigenous women: study | The Canberra Times | Canberra, ACT

All entries on Feminist Legal Clinic’s News Digest Blog are extracts from news articles and other publications, with the source available at the link at the bottom. The content is not originally generated by Feminist Legal Clinic and does not necessarily reflect our views.

The family law system is fraught with barriers for Aboriginal and Torres Strait Islander women.

Distrust in the legal system, lack of cultural understanding and limited services in remote and regional communities limits Indigenous women’s access to justice through family courts, a study has found.

Dr O’Donnell, a Melbourne University research fellow and Centre of Excellence for the Elimination of Violence Against Women affiliate, said Indigenous women are also disproportionately misidentified as perpetrators of family violence, which can damage family law outcomes.

“First Nations women are worried that their children will get taken away from them,” the Kungarakan Warramungu woman told AAP.

“We know nationally the statistics are about 45 per cent of children in out of home care are First Nations children.”

Source: Family law system not safe for Indigenous women: study | The Canberra Times | Canberra, ACT

Qualtrics Survey | Qualtrics Experience Management | University of Westminster

All entries on Feminist Legal Clinic’s News Digest Blog are extracts from news articles and other publications, with the source available at the link at the bottom. The content is not originally generated by Feminist Legal Clinic and does not necessarily reflect our views.

Supporting families following international child abduction – An online survey for adults who were removed to, or retained in, another country as children in a way which was considered wrongful in law.

Study invitation You are being invited to take part in a research project. Before you decide whether to take part, it is important for you to understand why the research is being conducted and what your participation will involve.

What is the purpose of the project? ‘This study investigates what happens after children have been removed to, or retained in, another country in a way which was considered wrongful in law.

Who can take part?

The research is for adults around the world who, as children, were removed to, or retained in, another country in a way which was considered wrongful in law.

Source: Qualtrics Survey | Qualtrics Experience Management

Qualtrics Survey | Qualtrics Experience Management | University of Westminster

All entries on Feminist Legal Clinic’s News Digest Blog are extracts from news articles and other publications, with the source available at the link at the bottom. The content is not originally generated by Feminist Legal Clinic and does not necessarily reflect our views.

Supporting families following international child abduction – An online survey for parents and family members.

Study invitation You are being invited to take part in a research project. Before you decide whether to take part, it is important for you to understand why the research is being conducted and what your participation will involve.

What is the purpose of the project? This study investigates what happens after children have been removed to, or retained in, another country, in a way which was considered wrongful in law.

Who can take part? The research is for parents and family members who have experienced their child’s removal to, or retention in, another country, in a way which was considered wrongful in law.

A separate anonymous online survey is available for adults who are 18 years of age or older and who were removed to, or retained in, another country as children.

Source: Qualtrics Survey | Qualtrics Experience Management